It is illegal to use any device “to observe, photograph, or record the activities of another which occur in any private place and out of public view” without permission.

In English: anyone who doesn’t get the permission to film someone doing something in a private place – but does it anyway – is breaking the law.

(The definition of “device” under Georgia law means any recording device, and specifically names video cameras as one such device that could be subjected to this law.)

However, University of Florida media law Professor Lyrissa Lidsky said Georgia’s privacy law unusually ambiguous, mainly because there is no real definition of what a “private place” is. (Most other states say that a person must have a “reasonable expectation to privacy”, which seems to be more difficult to prove.)

She said Daniel has the better chance of winning a lawsuit against the station than the other featured festival-goers, mainly because the “reporters” approached him while he was sitting under his canopy tent on his selected campsite. Plus, the farm is privately owned, and Daniel never gave permission for the “reporters” to use any footage of his likeness.

“If you analogize that to (recording someone for a local broadcast) in his home,” Lidsky said, “it makes it more likely that would be treated like an eavesdropping case.”

This offense would be a criminal offense.

If convicted, the station could be guilty of a felony, which would be punished by imprisonment for 1 to 5 years or a fine of up to $10,000 or both.

While Daniel said he wasn’t surprised that the reporting techniques used were either borderline illegal or completely illegal, he said he wants to make sure that his reputation won’t be harmed as a result of the story.

He has emailed the station and asked for a retraction, but did not receive a reply before this article was posted.

One civil suit Daniel is considering is known as casting him in a “false light”.

According to Georgia law, the person suing must show that the media publicly showed that person doing something he or she is not. (For instance, making it appear that someone has taken or possesses illegal drugs)

The person who is suing must also prove that the “false light” they were cast in was highly offensive to your regular, every day person.

“They cut out the beginning of the conversation so the first thing you hear me say is “a little bit of shrooms and a little bit of acid,'” Daniel said. “It made it seem like I had taken one of those drugs that day.”

But Lidsky with the University of Florida said it would be difficult to recoup any money from 11Alive, especially because the station never specifically said that Daniel took an illegal drug.

“There’s a distinction between whether you could sue and whether you could win,” Lidsky said. “But the more deception (reporters) have about who they are and their motives, the more likely they’ll get in trouble.”

Even if the station wins any potential lawsuits, some media professionals hope scrutiny of 11Alive’s story will help prevent similar, shady reporting tactics in the future.

Mike Foley, former Editor-in-Chief of the Tampa Bay Times and senior lecturer at the University of Florida’s College of Journalism and Communications, said 11Alive’s report was little more than a stunt made in bad taste.

“It’s not fair, it’s not right and it gives journalists a bad name,” Foley said.

He was especially surprised by the specific techniques employed by the two undercover reporters.

“They shot from an ambush,” Foley said. “I don’t know what the story does. Does it prove kids at music festival do drugs? That’s not news.”

The Society of Professional Journalists echoes that sentiment in its Code of Ethics, which is used as a guide for journalists across the United States.

Several of the guidelines seem to contradict the practices used by 11Alive’s Ross McLaughlin and Shawn Hoder. Some of those include:

Avoid undercover or other surreptitious methods of gathering information except when traditional open methods will not yield information vital to the public. Use of such methods should be explained as part of the story

Examine their own cultural values and avoid imposing those values on others.

Show compassion for those who may be affected adversely by news coverage. Use special sensitivity when dealing with children and inexperienced sources or subjects.

Recognize that gathering and reporting information may cause harm or discomfort. Pursuit of the news is not a license for arrogance.

Recognize that private people have a greater right to control information about themselves than do public officials and others who seek power, influence or attention. Only an overriding public need can justify intrusion into anyone’s privacy.

Foley said this sort of common decency led him and his editorial staff to forbid the Tampa Bay Times’ reporters from going undercover for stories.

“If you’re going to lie about how you get information, then why would the public trust anything you have to say?” Foley said. “You get a better story if you don’t pose as something you’re not.”

*** Daniel’s name was changed to protect his identity and to prevent any further damage to his reputation

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I think the best part about the “news” is that they call ecstasy a designer drug and MDMA a more powerful form of it. Also, it almost makes me sick to see that they make DanceSafe, a non-profit organization that saves hundreds of lives, look like proof that TomorrowWorld approves drug use and doesn’t give a fuck.
So misleading.. anyway, I hope Daniel and others will sue the station.

This is a joke. The media is so sketchy its not even funny. A bunch of manipulators is what they are. How is this even on the news? They really have nothing better to talk about. Nothing but a bunch of idiots.

“Daniel never gave permission for the “reporters” to use any footage of his likeness.”

– Yes, he did, as soon as he looked directly at someone recording him, acknowledged they were recording him and then starting saying stupid shit. If anyone portrayed him in “false light” it was himself. Google “two party consent”.

The reporters are acting drug use at festivals is something brand new. That has been around for a very long time. I’m sure worse stuff happens at other events, not just at EDM festivals. And not everyone goes to EDM events to get messed up on drugs in the first place! Very ignorant of them to try to sneak in and make the festival look bad. Maybe they should investigate the hip hop scene where they’re more-likely to get a world-star video from

the whole experience is about sharing it with other people… every festival i go to or show i attend, people tell me all about everything they’re on or have been on, lol. it’s interesting and fun conversation, who cares if anyone doesn’t like it? just be carefree, and then what power does anyone hold over you?

This is saddening. It’s bad enough the festivals are catching bad lashes from overdoses and such, but now shady reporting? Not only does this go against some constitutional rights, but why don’t they just straight up ask some of us for an interview? We’d gladly answer their questions (at least I would). But, they do it because we’ll give them the honest answers they don’t want to hear, and they need it to be extra drama filled and a reason to cause upset within the community.

i worked security at the TomorrowWorld event, and I have been attending music festivals for over 10 years. TomorrowWorld was the largest festival, with the most people attending that i have ever been a part of, and there were VERY few problems and ZERO deaths. As a matter of fact, most of the medical transports there were due to excessive ALCOHOL consumption, not “molly” consumption, or any other stupid drug name the mainstream media wants to use to bring down our “devil worshiping, virgin sacrificing, blood thirsting” EDM movement that is enslaving their innocent children. Bass music killed Jesus.